Marriage Not An Ineligibility To Prohibit Women For Jobs Under Rehabilitation Scheme: Orissa HC

Bhubaneswar: In a landmark judgement, the Orissa High Court has ruled that marriage is not a disqualification for getting jobs on compassionate ground and ordered the appointment of a married woman under the Rehabilitation Assistance Scheme of the state government.

The court held that prohibiting the consideration of a married daughter from seeking appointment under the scheme is unconstitutional as envisaged in Articles 14, 15, and 16(2) of the Constitution of India.

The refusal to grant benefit to the ‘married’ daughter for consideration of compassionate appointment was declared void and inoperative by the HC on Thursday, sources said.

The judgment was passed by Justice S K Panigrahi after hearing the petition of one Basanti Nayak.

Basanti, having +2 Arts education qualification, had challenged an order issued by the Inspector of Schools, Bhadrak Circle as she was not issued the appointment order for recruitment to Class-III Non-Teaching Posts under the Rehabilitation Assistance Scheme even though her case was recommended for appointment by the Director, Secondary Education, Odisha.

Basanti’s father was working as a primary school teacher and died on February 23, 2001, leaving behind his wife and two daughters.

Though the petitioner was recommended for appointment, her name finds a place at the 37th position in the merit list prepared by the Inspector of Schools. The petitioner’s counsel claimed that lesser deserving candidates were appointed and her case was overlooked for appointment under the Rehabilitation Assistance Scheme.

The opposite parties submitted that in respect of daughters eligible for appointment under the Rehabilitation Assistance Scheme, it should be ensured that they are still unmarried as RA Scheme provides for extending employment to unmarried daughters.

After hearing the claims of both parties, the Court observed that marriage by itself is not an ineligibility for the State Government to prohibit the consideration of the ‘married’ daughter from seeking appointment under the Rehabilitation Assistance Scheme, merely on the ground of marriage.

“As a consequence, thereof, refusal to grant benefit to the ‘married’ daughter for consideration of compassionate appointment is hereby declared void and inoperative. Hence, the order impugned passed by the authority in rejecting the petitioner’s case for compassionate appointment is hereby quashed,” the court said.

“Accordingly, the opposite parties are directed to reconsider the claim of the petitioner for being appointed under Rehabilitation Assistance Scheme afresh in accordance with law keeping in mind the fact that her father died on 23.02.2001 and her application was rejected on 08.04.2008, after seven years,” it added.